Independent Rice Mill, Inc.

National Labor Relations Board - Board Decisions

Feb 7, 1955

111 N.L.R.B. 536 (N.L.R.B. 1955)

536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
INDEPENDENT RICE MILL, INC. and RICE WORKERS LOCAL 321, NA-
TIONAL AGRICULTURAL WORKERS UNION , AFL , PETITIONER. Case
No. 15-RC-1142. February 7,1955
Supplemental Decision and Certification of Representatives
Pursuant to a Decision and Direction of Elections in a consolidated
proceeding involving 6 Crowley, Louisiana, companies and the same
international union,' elections were conducted on November 10, 1954,
for employees of the instant Employer and two other companies, and
on November 16, 1954, for the employees of the 3 remaining compa-
nies. The ballots cast in the earlier elections were impounded by the
Regional Director and were counted after the completion of the ballot-
ing in the three later elections on November 16, 1954. The tally of
ballots furnished the parties herein showed that there were 19 votes
cast, of which 11 were for and 4 against the Petitioner. There were
four challenged ballots.
Thereafter, the Employer filed timely objections to the election.
After an investigation, the Regional Director issued a report on ob-
jections in which he recommended that the objections be overruled and
an appropriate certification of representatives be issued by the Board.
The Employer filed exceptions to the Regional Director's report.
The Employer asserts that the Regional Director acted improperly
in impounding rather than immediately counting the ballots of the
employees of the Employer on November 10, 1954. The Employer
contends further that it had no way of ascertaining that the ballots
were not tampered with or that different ballots were not substituted
for those actually cast.
The Regional Director states in his report that the original plan
to conduct all 6 elections on November 16, 1954, was changed at the
request of 1 of the employers' representatives who could not be present
on that date. The Regional Director indicates that his reason for im-
pounding the November 10, 1954, ballots was to prevent any possi-
bility of "chain voting" and to avoid placing either the employers or
the union at any disadvantage by announcing the results of the ballot-
ing of November 10, 1954, prior to the completion of the November
16, 1954, elections. Concerning the custody of the ballots, the Re-
gional Director points out that the ballot box, which was sealed and
initialed by three Board agents and an employer observer, remained
in the personal custody of a Board agent until November 16, 1954,
when the box was opened in the presence of the employer observer
who confirmed that the seal had been kept intact.
The Board has considered the Employer's objections, the Regional
Director's report and the Employer's exceptions thereto, and hereby
1Imperial Rice Mills, Inc., et at, 110 NLRB 612
111 NLRB No. 81.
REIN COMPANY 537
adopts the findings and recommendations of the Regional Director in
view of the Board's long-established policy, absent unusual circum-
stances, not to interfere with the Regional Director in the exercise of
his discretion in making arrangements with respect to the conduct of
elections and the counting of ballots. Accordingly, as it appears that
the Petitioner has secured a majority of the valid votes cast in the elec-
tion, we shall certify the Petitioner as the bargaining representative
,of the employees in the appropriate unit.
[The Board certified Rice. Workers Local 321, National Agricul-
tural Workers Union, AFL, as the designated collective-bargaining
representative of the employees of the Employer in the unit found
appropriate.]
REIN COMPANY and HOUSTON PRINTING PRESSMEN & ASSISTANTS'
UNION No. 71, INTERNATIONAL PRINTING PRESSMEN & ASSISTANTS'
UNION OF NORTH AMERICA, AFL, PETITIONER. Case No. 39-RC-728.
February 8, 1955
Supplemental Decision , Order, and Direction of Second Election
On June 25, 1954, pursuant to the Board's Decision and Direction
of Election,' an election by secret ballot was conducted under the di-
rection and supervision of the Regional Director for the Sixteenth
Region, among the employees in the unit heretofore found appropri-
ate. At the conclusion of the election, a tally of ballots was furnished
the parties. The tally shows that of approximately 42 eligible voters,
39 cast ballots, of which 12 were for the Petitioner, 21 were against
the Petitioner, and 6 were challenged.
On June 30, 1954, the Petitioner filed timely objections to conduct
affecting the results of the election. In accordance with the Rules and
Regulations of the Board, the Regional Director conducted an inves-
tigation of the objections and, on July 26, 1954, issued and served on
the parties his report on objections to conduct affecting results of elec-
tion, in which he found merit in the Petitioner's objections, and recom-
mended that the Board set aside the election. Thereupon the Em-
ployer filed exceptions to the Regional Director's report.
In his report, the Regional Director found that on the day before
the election the Employer posted on its bulletin board a 7-page letter
to the employees, and also placed copies of the letter on the desks of
departmental foremen where they were picked up by the employees.
The final paragraph of the letter reads as follows :
The law of the land does not require the Rein Company after an
election to negotiate its present benefits into the contract that the
3 Rein Company, 108 NLRB 598
111 NLRB No. 89.